According to Section 15 (1) BEEG, employees in Germany are entitled to parental leave. This entitlement only exists for the parent who is in an employment relationship. According to § 20 BEEG, trainees are also entitled to parental leave. Pupils and students can only be entitled to parental leave if they are also employed. Pursuant to Section 5 (2) of the Works Constitution Act, senior executives are also employees, meaning that they are also entitled to parental leave.

The employment relationship must already have existed at the beginning of the parental leave period. It is not assumed that the employment relationship existed at the time the child was born. If an employee enters into an employment relationship after the birth of the child, parental leave can also be claimed. It should be noted, however, that parental leave must still be taken during the period of employment. If the employment relationship ends, the entitlement to parental leave also ends.

Further requirements for entitlement to parental leave:

The child to be cared for and the parent who wants to take parental leave must be in the same household and the intention must be to look after and bring up the child themselves. If the respective parent does not have custody of the child to be cared for or is in a care relationship with the child in accordance with Section 15 (1) No. 1 b and c BEEG, the consent of the parent with custody must be obtained (Section 15 (1) sentence 2 BEEG ).

>> Every child is entitled to parental leave.

Grandparents can also claim parental leave if they want to look after and bring up a grandchild themselves because one of the grandchild's parents is a minor or is of legal age but is in training and this training was started while the parent was still a minor.

On the subject of leave during parental leave, see ...

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Protection against dismissal during parental leave:

According to Section 18 (1) BEEG, the employer may not terminate the employment relationship from the point at which parental leave was requested. Protection against dismissal according to this provision begins

-at the earliest eight weeks before the start of parental leave until the end of it

the child's third year of life and

-at the earliest fourteen weeks before the start of parental leave between

third birthday and the child's eighth birthday.

The employer may not terminate the employment relationship even during parental leave. Termination is only permitted in exceptional cases. However, such a termination requires a declaration of admissibility from the supreme state authority responsible for occupational safety or from a body designated by it.

If you have any questions about parental leave, please contact our office and arrange one meeting

or call us on the phone number02366-94066 02.